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Public-record case study

Clorox Park Center Oakland CA: pro-rata share overcharge case study

A public-record office lease case study showing $42,875 in pro-rata share overcharges: landlord applied 15.75% instead of the lease-specified 14.00%.

Clorox Company2021 statementNNN leaseOffice

Apparent overcharge

$42,875

Findings

1

High confidence

$42,875

Source

Alameda County CA Superior Court, Case #RG22-079541
Statement applied 15.75% pro-rata share.
$2,450,000 operating expense base × 1.75% discrepancy = $42,875 overcharge.

What happened

Clorox's lease at Park Center Oakland specifies a fixed 14.00% pro-rata share (28,000 SF / 200,000 SF). The 2021 reconciliation applied 15.75% (31,500 SF / 200,000 SF). The 1.75-point discrepancy, applied to $2,450,000 in operating expenses, produced a $42,875 overcharge, the basis of the 2022 Alameda County action.

Findings from the pipeline

Rule 4: Pro-Rata Share Error

high confidence

$42,875

Statement applies 15.7500% pro-rata share but lease specifies 14.0000%, resulting in an estimated overcharge of $42,875 Lease specifies a fixed share with no adjustment language.

Lease evidence

Tenant's Proportionate Share: 28,000 RSF / 200,000 RSF = 14.00%. Exhibit 1, Section 3.2.

Exhibit 1, Section 3.2, page 4

Math proof

lease_share=0.14, stmt_share=0.1575, difference=0.0175, total_opex=2450000.00, overcharge=42875.00

Lease evidence

  • Pro-rata share fixed at 14.00% (28,000 SF / 200,000 SF).
  • No subject-to-adjustment language.

Why this matters for your firm

Office tenants with large RSF footprints face disproportionate overcharges from pro-rata share errors because the operating expense base is large. A $2.4 million CAM pool amplifies even small percentage errors into five-figure overcharges.

Correction package excerpt

Request for Cooperative Review of Certain Line Items. The automated review flagged a pro-rata share discrepancy of $42,875 : statement applied 15.75% versus the lease-specified 14.00%.

Detection guide

Pro-rata share error guide

Frequently Asked Questions

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Public-record note

This page summarizes public-record documents and CAMAudit output for educational and marketing purposes. It does not imply endorsement by Clorox Company or any third party. Readers should review the underlying lease, statement, and dispute timeline for their own facts.

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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law.

State statute of limitations periods apply to written contracts and range from 3 to 10 years. Your actual lookback window may be shorter based on your lease.

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